Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35790 of 2017 Arising Out of PS. Case No.-72 Year-2017 Thana- RAJGIR District- Nalanda ====================================================== Awadhesh Kumar, son of Babu Lal Yadav, resident of village - Maijara, Police Station - Ben, District - Nalanda at present residing at Mohalla - Shiv Nagar, Near Police Line Biharsharif, Police Station - Deep Nagar, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mrs. NIRMALA KUMARI, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offence punishable under Section 30 of Bihar Excise Amendment Act. It is contended that, as per allegation, 1881.6 liters of country made liquor, 162 liters of foreign liquor and 20 liters of God Father Beer were recovered from Mahindra Tipper Van. The petitioner is the owner of the said vehicle. After two months of seizure, the petitioner was arrested. It is urged that the petitioner is in custody since 25.05.2017. It is stated in paragraph 3 of the bail petition that the petitioner is also involved in two other criminal cases.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand)

with two sureties of the like amount each to the satisfaction of 6th Additional District and Sessions Judge-cum-Special Judge, Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 72/2017 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Nalanda at Biharsharif within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) V.K.Pandey/-

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